Avis juridique important

Council Regulation (EEC) No 2377/79 of 29 October 1979 laying down special measures in respect of olive oil producer organizations for the 1979/80 marketing year Official Journal L 274 , 31/10/1979 P. 0001 - 0002

**** ( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 . ( 2 ) OJ NO L 78 , 30 . 3 . 1979 , P . 1 . ( 3 ) OJ NO L 166 , 23 . 6 . 1978 , P . 1 . ( 4 ) OJ NO L 331 , 28 . 11 . 1978 , P . 8 . COUNCIL REGULATION ( EEC ) NO 2377/79 OF 29 OCTOBER 1979 LAYING DOWN SPECIAL MEASURES IN RESPECT OF OLIVE OIL PRODUCER ORGANIZATIONS FOR THE 1979/80 MARKETING YEAR THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 590/79 ( 2 ), AND IN PARTICULAR ARTICLE 36 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHEREAS , BECAUSE OF DELAYS IN IMPLEMENTING THE SYSTEM LAID DOWN IN COUNCIL REGULATION ( EEC ) NO 1360/78 OF 19 JUNE 1978 ON PRODUCER GROUPS AND ASSOCIATIONS THEREOF ( 3 ), COUNCIL REGULATION ( EEC ) NO 2752/78 ( 4 ) ADOPTED FOR THE 1978/79 MARKETING YEAR SPECIAL MEASURES IN RESPECT OF ORGANIZATIONS OF OLIVE OIL PRODUCERS ; WHEREAS THE REASONS FOR THE ADOPTION OF THESE SPECIAL MEASURES STILL EXIST ; WHEREAS IT IS IMPOSSIBLE FOR RECOGNITION OF GROUPS OF OLIVE GROWERS UNDER REGULATION ( EEC ) NO 1360/78 TO TAKE PLACE WITHIN THE NEXT FEW MONTHS ; WHEREAS THE SPECIAL MEASURES LAID DOWN BY REGULATION ( EEC ) NO 2752/78 SHOULD THEREFORE BE RETAINED , WITH CERTAIN ADJUSTMENTS , FOR THE COMING YEAR , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . BY WAY OF DEROGATION FROM THE FIRST SUBPARAGRAPH OF ARTICLE 5 ( 2 ) OF REGULATION NO 136/66/EEC , DURING THE 1979/80 MARKETING YEAR PRODUCTION AID SHALL ALSO BE GRANTED , ON THE BASIS OF THE QUANTITY OF OLIVE OIL PRODUCED , TO OLIVE GROWERS WHO ARE MEMBERS OF A PRODUCER ORGANIZATION SET UP BEFORE 15 NOVEMBER 1979 WHICH MEETS THE FOLLOWING CONDITIONS : - THEIR COMPOSITION SHALL COMPLY WITH ARTICLE 5 ( 1 ) AND ( 2 ) OF REGULATION ( EEC ) NO 1360/78 , - THEY SHALL BE CAPABLE OF VERIFYING THE OLIVE AND OLIVE OIL PRODUCTION OF A PERCENTAGE OF THEIR MEMBERS , TO BE DETERMINED ; WHERE THEY HAVE AN OLIVE OIL MILL , THEY SHALL BE CAPABLE OF VERIFYING THE ENTIRE PRODUCTION OF THAT MILL , - THEY SHALL BE EMPOWERED TO SUBMIT AN APPLICATION FOR PRODUCTION AID FOR ALL THEIR MEMBER GROWERS , - THEY SHALL BE EMPOWERED TO RECEIVE THE AID AND ALLOCATE TO EACH MEMBER THE SHARE DUE TO HIM , - THEY SHALL HAVE A MINIMUM NUMBER OF MEMBERS OR OBTAIN A MINIMUM VOLUME OF OIL PRODUCTION , - THEY SHALL EXCLUDE , AS REGARDS THE WHOLE RANGE OF THEIR ACTIVITIES , ANY DISCRIMINATION BETWEEN POTENTIAL MEMBER PRODUCERS BASED IN PARTICULAR ON NATIONALITY OR PLACE OF ESTABLISHMENT . 2 . THE PRODUCER ORGANIZATIONS CONCERNED SHALL , NOT LATER THAN 30 NOVEMBER 1979 , SUBMIT AN APPLICATION TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE CONCERNED FOR VERIFICATION THAT THE CONDITIONS SET OUT IN PARAGRAPH 1 HAVE BEEN MET . THE MEMBER STATE SHALL : - TAKE A DECISION ON THE APPLICATION WITHIN ONE MONTH OF ITS SUBMISSION , - NOTIFY THE COMMISSION AND THE PRODUCER ORGANIZATIONS CONCERNED OF ITS DECISION WITHIN 15 DAYS . 3 . PRODUCER ORGANIZATIONS SET UP DURING THE 1978/79 MARKETING YEAR UNDER REGULATION ( EEC ) NO 2752/78 SHALL CONTINUE TO BENEFIT FROM THE AID ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 . SUCH PRODUCER ORGANIZATIONS SHALL , BEFORE 20 NOVEMBER 1979 , INFORM THE COMPETENT AUTHORITY OF THE MEMBER STATE CONCERNED OF ANY AMENDMENT TO THEIR STRUCTURE WHICH MAY HAVE TAKEN PLACE SINCE THEY WERE RECOGNIZED . THE MEMBER STATE CONCERNED SHALL : - ON THE BASIS OF THIS INFORMATION , VERIFY WHETHER THE CONDITIONS SET OUT IN PARAGRAPH 1 CONTINUE TO BE MET , - NOTIFY , BY NO LATER THAN 30 NOVEMBER 1979 , THE COMMISSION AND THE ORGANIZATIONS CONCERNED OF THE OUTCOME OF THESE VERIFICATIONS . 4 . DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC . ARTICLE 2 1 . THE PRODUCER ORGANIZATIONS REFERRED TO IN ARTICLE 1 MAY RETAIN A PERCENTAGE , TO BE DETERMINED , OF THE AMOUNT OF THE PRODUCTION AID PAID TO THEM . THIS PERCENTAGE IS TO COVER THE COSTS GENERATED BY THE ACTIVITIES OF THE PRODUCER ORGANIZATIONS ARISING UNDER ARTICLE 1 ( 1 ). 2 . DETAILED RULES FOR THE APPLICATION OF PARAGRAPH 1 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC . ARTICLE 3 ARTICLES 5 ( 3 ), 12 ( 1 ) AND 20D ( 2 ) OF REGULATION NO 136/66/EEC SHALL APPLY TO THE PRODUCER ORGANIZATIONS SPECIFIED IN ARTICLE 1 OF THIS REGULATION . ARTICLE 4 THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1979 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT LUXEMBOURG , 29 OCTOBER 1979 . FOR THE COUNCIL THE PRESIDENT B . LENIHAN

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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 78 , 30 . 3 . 1979 , P . 1 .

( 3 ) OJ NO L 166 , 23 . 6 . 1978 , P . 1 .

( 4 ) OJ NO L 331 , 28 . 11 . 1978 , P . 8 .

COUNCIL REGULATION ( EEC ) NO 2377/79

OF 29 OCTOBER 1979

LAYING DOWN SPECIAL MEASURES IN RESPECT OF OLIVE OIL PRODUCER ORGANIZATIONS FOR THE 1979/80 MARKETING YEAR

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 590/79 ( 2 ), AND IN PARTICULAR ARTICLE 36 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , BECAUSE OF DELAYS IN IMPLEMENTING THE SYSTEM LAID DOWN IN COUNCIL REGULATION ( EEC ) NO 1360/78 OF 19 JUNE 1978 ON PRODUCER GROUPS AND ASSOCIATIONS THEREOF ( 3 ), COUNCIL REGULATION ( EEC ) NO 2752/78 ( 4 ) ADOPTED FOR THE 1978/79 MARKETING YEAR SPECIAL MEASURES IN RESPECT OF ORGANIZATIONS OF OLIVE OIL PRODUCERS ;

WHEREAS THE REASONS FOR THE ADOPTION OF THESE SPECIAL MEASURES STILL EXIST ; WHEREAS IT IS IMPOSSIBLE FOR RECOGNITION OF GROUPS OF OLIVE GROWERS UNDER REGULATION ( EEC ) NO 1360/78 TO TAKE PLACE WITHIN THE NEXT FEW MONTHS ; WHEREAS THE SPECIAL MEASURES LAID DOWN BY REGULATION ( EEC ) NO 2752/78 SHOULD THEREFORE BE RETAINED , WITH CERTAIN ADJUSTMENTS , FOR THE COMING YEAR ,

HAS ADOPTED THIS REGULATION :

1 . BY WAY OF DEROGATION FROM THE FIRST SUBPARAGRAPH OF ARTICLE 5 ( 2 ) OF REGULATION NO 136/66/EEC , DURING THE 1979/80 MARKETING YEAR PRODUCTION AID SHALL ALSO BE GRANTED , ON THE BASIS OF THE QUANTITY OF OLIVE OIL PRODUCED , TO OLIVE GROWERS WHO ARE MEMBERS OF A PRODUCER ORGANIZATION SET UP BEFORE 15 NOVEMBER 1979 WHICH MEETS THE FOLLOWING CONDITIONS :

- THEIR COMPOSITION SHALL COMPLY WITH ARTICLE 5 ( 1 ) AND ( 2 ) OF REGULATION ( EEC ) NO 1360/78 ,

- THEY SHALL BE CAPABLE OF VERIFYING THE OLIVE AND OLIVE OIL PRODUCTION OF A PERCENTAGE OF THEIR MEMBERS , TO BE DETERMINED ; WHERE THEY HAVE AN OLIVE OIL MILL , THEY SHALL BE CAPABLE OF VERIFYING THE ENTIRE PRODUCTION OF THAT MILL ,

- THEY SHALL BE EMPOWERED TO SUBMIT AN APPLICATION FOR PRODUCTION AID FOR ALL THEIR MEMBER GROWERS ,

- THEY SHALL BE EMPOWERED TO RECEIVE THE AID AND ALLOCATE TO EACH MEMBER THE SHARE DUE TO HIM ,

- THEY SHALL HAVE A MINIMUM NUMBER OF MEMBERS OR OBTAIN A MINIMUM VOLUME OF OIL PRODUCTION ,

- THEY SHALL EXCLUDE , AS REGARDS THE WHOLE RANGE OF THEIR ACTIVITIES , ANY DISCRIMINATION BETWEEN POTENTIAL MEMBER PRODUCERS BASED IN PARTICULAR ON NATIONALITY OR PLACE OF ESTABLISHMENT .

2 . THE PRODUCER ORGANIZATIONS CONCERNED SHALL , NOT LATER THAN 30 NOVEMBER 1979 , SUBMIT AN APPLICATION TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE CONCERNED FOR VERIFICATION THAT THE CONDITIONS SET OUT IN PARAGRAPH 1 HAVE BEEN MET .

THE MEMBER STATE SHALL :

- TAKE A DECISION ON THE APPLICATION WITHIN ONE MONTH OF ITS SUBMISSION ,

- NOTIFY THE COMMISSION AND THE PRODUCER ORGANIZATIONS CONCERNED OF ITS DECISION WITHIN 15 DAYS .

3 . PRODUCER ORGANIZATIONS SET UP DURING THE 1978/79 MARKETING YEAR UNDER REGULATION ( EEC ) NO 2752/78 SHALL CONTINUE TO BENEFIT FROM THE AID ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 .

SUCH PRODUCER ORGANIZATIONS SHALL , BEFORE 20 NOVEMBER 1979 , INFORM THE COMPETENT AUTHORITY OF THE MEMBER STATE CONCERNED OF ANY AMENDMENT TO THEIR STRUCTURE WHICH MAY HAVE TAKEN PLACE SINCE THEY WERE RECOGNIZED .

THE MEMBER STATE CONCERNED SHALL :

- ON THE BASIS OF THIS INFORMATION , VERIFY WHETHER THE CONDITIONS SET OUT IN PARAGRAPH 1 CONTINUE TO BE MET ,

- NOTIFY , BY NO LATER THAN 30 NOVEMBER 1979 , THE COMMISSION AND THE ORGANIZATIONS CONCERNED OF THE OUTCOME OF THESE VERIFICATIONS .

4 . DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC .

1 . THE PRODUCER ORGANIZATIONS REFERRED TO IN ARTICLE 1 MAY RETAIN A PERCENTAGE , TO BE DETERMINED , OF THE AMOUNT OF THE PRODUCTION AID PAID TO THEM . THIS PERCENTAGE IS TO COVER THE COSTS GENERATED BY THE ACTIVITIES OF THE PRODUCER ORGANIZATIONS ARISING UNDER ARTICLE 1 ( 1 ).

2 . DETAILED RULES FOR THE APPLICATION OF PARAGRAPH 1 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC .

ARTICLES 5 ( 3 ), 12 ( 1 ) AND 20D ( 2 ) OF REGULATION NO 136/66/EEC SHALL APPLY TO THE PRODUCER ORGANIZATIONS SPECIFIED IN ARTICLE 1 OF THIS REGULATION .

THIS REGULATION SHALL ENTER INTO FORCE ON 1 NOVEMBER 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 29 OCTOBER 1979 .

FOR THE COUNCIL

THE PRESIDENT

B . LENIHAN